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The litigation lottery paper

Published on 07 Feb 08 by NATIONAL EVENTS, TAXATION INSTITUTE OF AUSTRALIA

This paper covers the:

  • risks and issues in conducting tax litigation: Do complex facts (as in many financial services industry transactions) create a barrier for analysis by a court?
  • differences between litigating in the Federal Court as compared to the High Court
  • approach to statutory interpretation in tax matters and the role of the explanatory memorandum
  • limit to a purposive approach to interpretation having regard to the Acts Interpretation Act and case law.

Author profile:

David BLOOM
David Bloom QC FTIA was admitted as a Solicitor of the Supreme Court of New South Wales in March 1972. He was called to the New South Wales Bar in August 1975 and became one of Her Majesty’s Counsel in 1987. David practices predominantly in the area of revenue law in which he is considered one of the most pre-eminent jurists in Australia. He is the most senior and experienced advocate in his field.
Current at 9 October 2008
Click here to expand/collapse more articles by David BLOOM.
 

This was presented at 2008 Financial Services Conference .

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Individual sessions

The litigation lottery

Author(s):  David BLOOM

Materials from this session:






Tax risk management - the view from the boardroom

Author(s):  Richard WARBURTON

Materials from this session:









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